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Member
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Lord Clarke of Nottingham
Type
House
Session
Year
Department
Member
More
Clarke of Nottingham, Lord (7)
Primary member
Answering member
Legislative stage
Legislation
Subject
Publisher
The Government have decided to opt in to the regulation on mutual recognition of protection measures in civil matters. The regulation meets the criteria set out in the coalition agreement with regard to EU justice and home affairs measures. In accordance with the coalition agreement, the Government have said they...
The Government have decided to opt in to the regulation on mutual recognition of protection measures in civil matters. The regulation meets the criteria set out in the coalition agreement with regard to EU justice and home affairs measures. In accordance with the coalition agreement, the Government have said they...
Member
Lord Clarke of Nottingham
(Conservative)
Department
Ministry of Justice
Type
Written statements
Subjects
Crime; Civil proceedings; EU law; Injunctions; Protection; Victims
Date
15 September 2011
Reference
532 c63WS
House
House of Commons
I do not think any of us know whether the number is increasing. As far as I am aware, there have been two super-injunctions since the John Terry case, but the word ““super-injunction”” gets used very widely. I realise there is increasing concern, however. I personally have strong views on the secrecy of justice. We have a tradition of open justice in this country. Plainly, I believe in the freedom of the press and freedom of speech in this country, even when it is sometimes exercised provocatively, as it is supposed to be in a free country, but there are also areas where an individual is entitled to have their privacy protected. The time is certainly coming when the Government are going to have to look at this matter, although we will probably wait until we have had the report of the Master of the Rolls, who is looking rather more closely at the procedural aspects.
I do not think any of us know whether the number is increasing. As far as I am aware, there have been two super-injunctions since the John Terry case, but the word ““super-injunction”” gets used very widely. I realise there is increasing concern, however. I personally have strong views on the secrecy of justice. We have a tradition of open justice in this country. Plainly, I believe in the freedom of the press and freedom of speech in this country, even when it is sometimes exercised provocatively, as it is supposed to be in a free country, but there are also areas where an individual is entitled to have their privacy protected. The time is certainly coming when the Government are going to have to look at this matter, although we will probably wait until we have had the report of the Master of the Rolls, who is looking rather more closely at the procedural aspects.
Answered by
Lord Clarke of Nottingham
(Conservative)
Asked by
John Whittingdale
(Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Is my right hon. and learned Friend concerned about the possibility that the large number of injunctions that appear to be being granted on a routine basis suggests that the courts are paying insufficient regard to section 12 of the Human Rights Act 1998, which was intended to protect press freedom? Given that, and given the huge speculation on the internet about the identities of those who have obtained injunctions, does he feel that the time is approaching when Parliament may need to revisit the issue?
Subjects
Injunctions; Privacy
Date
17 May 2011
Reference
528 c136-7
Chamber / Committee
House of Commons chamber
House
House of Commons
The Ministry of Justice currently holds some limited data on the numbers of injunctions applied for in the county courts, but they do not allow identification of anonymity injunctions. The Department's chief statistician is currently considering how robust data on the number of anonymity injunctions issued by the courts might be collated in the future.
The Ministry of Justice currently holds some limited data on the numbers of injunctions applied for in the county courts, but they do not allow identification of anonymity injunctions. The Department's chief statistician is currently considering how robust data on the number of anonymity injunctions issued by the courts might be collated in the future.
Answered by
Lord Clarke of Nottingham
(Conservative)
Answering body
Ministry of Justice
Type
Oral answers to questions
Subjects
Injunctions; Privacy
Date
17 May 2011
Reference
528 c136
Chamber / Committee
House of Commons chamber
House
House of Commons
We will consider these matters, and it is probably right that Parliament passing a privacy Act might well be the best way of resolving the issue, but we need to get somewhat nearer a consensus and to know exactly how we are trying to strike the balance before something is submitted for the judgment of Parliament. We may well not have to wait until the end of a long, controversial process such as that, and instead find some other way of tackling the issue, but we are considering it and we will come back with proposals in due course. If there were debate on a privacy Bill, there would be an interesting range of opinions even in Parliament, but I have not met many people yet who seem to have the perfect answer as to how to get the balance right.
We will consider these matters, and it is probably right that Parliament passing a privacy Act might well be the best way of resolving the issue, but we need to get somewhat nearer a consensus and to know exactly how we are trying to strike the balance before something is submitted for the judgment of Parliament. We may well not have to wait until the end of a long, controversial process such as that, and instead find some other way of tackling the issue, but we are considering it and we will come back with proposals in due course. If there were debate on a privacy Bill, there would be an interesting range of opinions even in Parliament, but I have not met many people yet who seem to have the perfect answer as to how to get the balance right.
Answered by
Lord Clarke of Nottingham
(Conservative)
Asked by
Sadiq Khan
(Labour)
Answering body
Ministry of Justice
Type
Oral answers to questions
As is often the case, I find myself agreeing to a large extent with what the Lord Chancellor says, but let me say this. Super-injunctions are not granted by European judges using European law; they are granted by British judges using British law, and Parliament has supremacy over that law and those judges. If clarity and guidance is required and suitable, and bearing in mind the fact that we have the draft Defamation Bill and the forthcoming justice Bill, why does he not just say that he will use those vehicles to provide clarity and guidance?
Subjects
Injunctions; Privacy
Date
17 May 2011
Reference
528 c137-8
Chamber / Committee
House of Commons chamber
House
House of Commons
That is one of the arguments which the judge who decides whether to grant the injunction will no doubt have in mind. Whether it is reasonable and in the public interest for the injunction to be granted is what the judge is meant to try to establish. The question for us is how we can make that clearer and more defensible, and how we can know more about what is happening so that we are all satisfied that injunctions are granted only in cases where the right to privacy of the individual is, indeed, being interfered with unjustly, but I know of the hon. Gentleman's interest in this topic, and we will bear his views in mind—
That is one of the arguments which the judge who decides whether to grant the injunction will no doubt have in mind. Whether it is reasonable and in the public interest for the injunction to be granted is what the judge is meant to try to establish. The question for us is how we can make that clearer and more defensible, and how we can know more about what is happening so that we are all satisfied that injunctions are granted only in cases where the right to privacy of the individual is, indeed, being interfered with unjustly, but I know of the hon. Gentleman's interest in this topic, and we will bear his views in mind—
Answered by
Lord Clarke of Nottingham
(Conservative)
Asked by
John Hemming
(Liberal Democrat)
Answering body
Ministry of Justice
Type
Oral answers to questions
Some of these injunctions serve to prevent information from being passed to the police or other regulators. Does the Secretary of State believe the law should be changed so that regulators can always have information passed to them?
Subjects
Injunctions; Privacy
Date
17 May 2011
Reference
528 c138
Chamber / Committee
House of Commons chamber
House
House of Commons
First, I agree that the Master of the Rolls is looking at process, and I am sure what he says will be very valuable. As I have said, we will wait until he reports back before starting to take a proper look at the issue, but I think the Government will now have to study it and decide whether there is a case for intervening. There will never be unanimity on all these judgments, precisely because it is so difficult to balance the competing parts of the convention on human rights and the competing interests involved. There have been cases where we have certainly needed to know—such as where people are disposing of waste material by dumping it off the coast of Africa. That is easy in one direction, but in the other, every time I watch a football team I do not think I necessarily need to know about the sex life of each of the players.
First, I agree that the Master of the Rolls is looking at process, and I am sure what he says will be very valuable. As I have said, we will wait until he reports back before starting to take a proper look at the issue, but I think the Government will now have to study it and decide whether there is a case for intervening. There will never be unanimity on all these judgments, precisely because it is so difficult to balance the competing parts of the convention on human rights and the competing interests involved. There have been cases where we have certainly needed to know—such as where people are disposing of waste material by dumping it off the coast of Africa. That is easy in one direction, but in the other, every time I watch a football team I do not think I necessarily need to know about the sex life of each of the players.
Answered by
Lord Clarke of Nottingham
(Conservative)
Asked by
Sadiq Khan
(Labour)
Answering body
Ministry of Justice
Type
Oral answers to questions
The Lord Chancellor is right to remind us that it is important that we get the balance right between freedom of speech and an individual's right to privacy, but he will be aware of the public disquiet about the use of the anonymity injunction or super-injunction, both in terms of its abuse—or alleged abuse—and its circumvention, for example by the use of Twitter. As he has said, the current situation is not satisfactory, but the Master of the Rolls is simply looking at the process, rather than the substance. What does the Lord Chancellor intend to do about that, so as to provide leadership on this issue?
Subjects
Injunctions; Privacy
Date
17 May 2011
Reference
528 c137
Chamber / Committee
House of Commons chamber
House
House of Commons
If he will estimate the number of existing injunctions granted on the grounds of invasion of privacy.
If he will estimate the number of existing injunctions granted on the grounds of invasion of privacy.
Asked by
John Whittingdale
(Conservative)
Answered by
Lord Clarke of Nottingham
(Conservative)
Answering body
Ministry of Justice
Oral questions - Lead
Status
Answered
Tabled on
11 May 2011
For answer on
17 May 2011
Answered on
17 May 2011
The Ministry of Justice currently holds some limited data on the numbers of injunctions applied for in the county courts, but they do not allow identification of anonymity injunctions. The Department's chief statistician is currently considering how robust data on the number of anonymity injunctions issued by the courts might be collated in the future.
Subjects
Injunctions; Privacy
Date
17 May 2011
Reference
528 c136; 55667
Chamber / Committee
House of Commons chamber
House
House of Commons